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Decision to Charge

Once the Police have completed their investigations, they will refer the case to the Crown Prosecution Service for advice on how to proceed. We will then make a decision on whether a suspect should be charged, and what that charge should be.

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The Role of The Crown Prosecution Service

The Crown Prosecution Service is the government department responsible for prosecuting criminal cases investigated by the police in England and Wales.

As the principal prosecuting authority in England and Wales, we are responsible for:

  • advising the police on cases for possible prosecution
  • reviewing cases submitted by the police
  • determining any charges in more serious or complex cases
  • preparing cases for court
  • presenting cases at court

Find out more about the role of the Crown Prosecution Service

CPS statement on election expenses

10/05/2017

Nick Vamos, CPS Head of Special Crime, said: "We have considered files of evidence from 14 police forces in respect of allegations relating to Conservative Party candidates' expenditure during the 2015 General Election campaign.

"We considered whether candidates and election agents working in constituencies that were visited by the Party's 'Battle Bus' may have committed a criminal offence by not declaring related expenditure on their local returns. Instead, as the Electoral Commission found in its report, these costs were recorded as national expenditure by the Party.

"We reviewed the files in accordance with the Code for Crown Prosecutors and have concluded the tests in the Code are not met and no criminal charges have been authorised.

"Under the Representation of the People Act, every candidate and agent must sign a declaration on the expenses return that to the best of their knowledge and belief it is a complete and correct return as required by law. It is an offence to knowingly make a false declaration. In order to bring a charge, it must be proved that a suspect knew the return was inaccurate and acted dishonestly in signing the declaration. Although there is evidence to suggest the returns may have been inaccurate, there is insufficient evidence to prove to the criminal standard that any candidate or agent was dishonest.

"The Act also makes it a technical offence for an election agent to fail to deliver a true return. By omitting any 'Battle Bus' costs, the returns may have been inaccurate. However, it is clear agents were told by Conservative Party headquarters that the costs were part of the national campaign and it would not be possible to prove any agent acted knowingly or dishonestly. Therefore we have concluded it is not in the public interest to charge anyone referred to us with this offence.

"Our evaluation of the evidence is consistent with that of the Electoral Commission. While the role of the Commission is to regulate political finances and campaign spending, the role of the CPS is to consider whether any individual should face criminal charges, which is a different matter with different consideration and tests.

"One file, from Kent Police, was only recently received by the CPS, and remains under consideration. No inference as to whether any criminal charge may or may not be authorised in relation to this file should be drawn from this fact and we will announce our decision as soon as possible once we have considered the evidence in this matter."

Ends

Notes to Editors

  1. It is not the function of the CPS to decide whether a person is guilty of a criminal offence, but to make fair, independent and objective assessments about whether it is appropriate to present charges for the criminal court to consider.
  2. The CPS assessment of any case is not in any sense a finding of, or implication of, any guilt or criminal conduct. It is not a finding of fact, which can only be made by a court, but rather an assessment of what it might be possible to prove to a court, in accordance with the Code for Crown Prosecutors.
  3. This assessment is based on the evidence available arising out of the police investigation and not on the evidence that is likely to be gathered by the defence, and likely to be used to test the prosecution evidence. The CPS charging decision is therefore necessarily an assessment on the basis of the evidence that is available to the CPS at the time the decision is made.
  4. The 15 forces from whom we received files were: Avon & Somerset, Cumbria, Derbyshire, Devon & Cornwall, Gloucestershire, Greater Manchester, Kent, Lincolnshire, Metropolitan, Northamptonshire, Nottinghamshire, Staffordshire, Warwickshire/West Mercia, West Midlands, West Yorkshire.
  5. For the latest in breaking news from the CPS Press Office follow @cpsuk on Twitter and visit our official News Brief - blog.cps.gov.uk
  6. For media enquiries call the CPS Press Office on 020 3357 0906. Out of Hours - 07590 617233